IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ALOK ARADHE, C.J., ANIL KUMAR JUKANTI, J.
M/s Cyrus Investments Ltd. – Petitioner
Versus
The Joing Collectori, RR District and Others – Respondents
W.A. Nos. 408, 439, 442, 542, 543, 623, 649 of 2011
Decided On : 10-07-2024
(A) Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 - Section 5(5) - Dispute over land ownership - Writ Appeals filed against orders of RDO and JC regarding mutation of land records - The learned Single Judge set aside the orders for violation of principles of natural justice, as notices were issued to deceased persons without proper service to legal heirs - The court emphasized the necessity of proper notice to all interested parties in land disputes. (Paras 19, 24)
(B) Legal Principles - The court reiterated that orders passed against dead persons are null and void, and any appeal filed without proper notice to all parties is liable to be set aside. (Paras 22, 24)
Facts of the case:
The dispute involved land ownership claims by legal heirs of Bahadurunnisa Begum and Suraj Bhan, with allegations of fraudulent entries in revenue records and failure to follow due process in mutation proceedings.
Findings of Court:
The orders of RDO and JC were set aside due to lack of proper notice and violation of natural justice principles, allowing the parties to pursue their claims in civil court.
Issues: The main issues were the validity of the orders passed against deceased persons and the proper procedure for mutation of land records.
Ratio Decidendi: The court ruled that proper notice must be served to all parties in land disputes, and orders passed without such notice are invalid.
Result: Writ Appeals dismissed.
JUDGMENT :
ANIL KUMAR JUKANTI, J.
1. Mr. Vedula Srinivas, learned Senior Counsel representing Mr. N.M. Krishnaiah, learned counsel for appellants in W.A. Nos. 408, 439 and 442 of 2011.
Mr. T. Rajendra Prasad, learned counsel for the appellants in W.A. Nos. 623 and 649 of 2011.
Mr. Raghu Gurram, learned counsel for appellants Nos. 2, 4 and 5 in W.A. No. 542 of 2011.
Ms. Anitha Swain, learned counsel for appellant Nos. 6 to 11 in W.A. No. 543 of 2011.
Mr. Avinash Desai, learned Senior Counsel representing Ms. C. Apoorva Reddy, learned counsel appears for respondent No. 1 in W.A. Nos. 439 and 543 of 2011.
Mr. A. Venkatesh, learned Senior Counsel representing Ms. C. Apoorva Reddy, learned counsel for respondent No. 1 in W.A. No. 649 of 2011.
Mr. M.V. Durga Prasad, learned counsel for respondent Nos. 9 to 20 in W.A. No. 408 of 2011.
2. Aggrieved by the common order of the learned Single Judge in the W.P. Nos. 24525, 24506 of 2008 (allowed) and 28272 of 2008 (dismissed), the following seven (7) Writ Appeals have been filed:
W.A. No. 439 of 2011 - Filed by Cyrus Investments
W.A. No. 543 of 2011 - Filed by Mohd. Qamuruddin Khan and Others
W.A. No. 649 of 2011 - Filed by Anup Kumar Roy and Mohd. Mustafa Ali
Against
W.P. No. 24506 of 2008:
Aditya Homes - Petitioner
Mohd. Qamuruddin Khan and Others - Respondent Nos. 4 to 8
Nawab Mohd. Naseeruddin Khan - Respondent No. 9
Anup Kumar Ray and Mohd. Mustafa Ali - Respondent Nos. 10 and 11
(II) Three writ appeals filed:
W.A. No. 442 of 2011 - Filed by Cyrus Investments
W.A. No. 542 of 2011 - Filed by Mohd. Qamuruddin Khan and Others
W.A. No. 623 of 2011 - Filed by Anup Kumar Roy and Mohd. Mustafa Ali
Against
W.P. No. 24525 of 2008:
Ganesh Pershad and Others (Suraj Bhan Family) - Petitioners
Mohd. Qamuruddin Khan and Others - Respondent Nos. 4 to 8
Nawab Mohd. Naseeruddin Khan - Respondent No. 9
Anup Kumar Ray and Mohd. Mustafa Ali - Respondent Nos. 10-11.
(III) One writ appeal filed:
W.A. No. 408 of 2011 - Filed by Cyrus Investments Ltd.
Against
W.P. No. 28272 of 2008:
Cyrus Investments Ltd. - Petitioner
Mohd. Qamuruddin Khan and Others - Respondent Nos. 4 to 8
Ganesh Pershad and Others (Suraj Bhan Family) - Respondent Nos. 9 to 20
Nawab Mohd. Naseeruddin Khan - Respondent No. 21
Since the issue involved is common in all the Writ Appeals, they are heard together and are being disposed of by this common judgment.
3. For brevity, facts and parties as arrayed in W.A. No. 408 of 2011 are referred to.
Brief facts:
3.1 Legal heirs of Bahadrunnisa Begum, namely respondent Nos. 4 to 8 filed an appeal under Section 5(5) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘ROR Act 1971’) before Special Grade Deputy Collector & Revenue Divisional officer (for Short ‘RDO’), Chevella Division, i.e. respondent No. 2 herein, on the ground that, Mandal Revenue Officer (for short ‘MRO’), Serlingampally, i.e. respondent No. 3 herein, sanctioned mutation of subject property in the names of Ganesh Pershad, Jagadish Pershad and Mahavir Pershad, legal heirs of one Suraj Bhan. However, their names are required to be deleted and names of respondent Nos. 4 to 8 have to be entered in the revenue records. It is the case of legal heirs of Smt. Bahadrunnissa Begum that her name was deleted and names of legal heirs of late Suraj Bhan i.e. Ganesh Pershad, Jagadish Pershad and Mahavir Pershad, were inserted without notice. RDO in the appeal by order, dated 22.05.2007, directed deletion of names of Ganesh P
Chinnam Pandurangam v. Mandal Revenue Officer
Md. Ammanullah Ghouri vs. Government of Andhra Pradesh and Others
The court emphasized the necessity of proper notice to all interested parties in land disputes, ruling that orders passed against deceased persons are null and void.
The scope of judicial review is confined to decision making process and not the decision per se.
The main legal point established is the requirement of notice and opportunity of hearing to the petitioner before passing orders under Sec.5(3) of the A.P. Record of Rights in Land and Pattedar Passb....
The court affirmed that a revision petition under the ROR Act can be filed without a time limit, emphasizing the need for a fresh enquiry into land ownership claims, especially in cases of alleged fr....
The revisional jurisdiction under Section 9 of the ROR Act cannot be exercised after a long delay, and the settled rights of a person under the ROR Act cannot be unsettled after a lapse of more than ....
The main legal point established in the judgment is the requirement to adhere to principles of natural justice and the prescribed method and procedure when exercising statutory powers.
Entries in revenue records made fraudulently lack legal validity, and administrative authorities must provide reasons for their decisions to ensure justice.
Revenue authorities must issue individual notices before altering land records to uphold natural justice, as failure to do so renders the action arbitrary and illegal.
The court emphasized the necessity of following procedural requirements and the principle of natural justice in amending entries in the Record of Rights, ruling that the respondent acted without juri....
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